TRIPS Foundations Revisited

Building a Resilient International IP Regime for Troubled Times

AvJohan Rochel

Häftad, Engelska, 2026

Del i serien Cambridge International Trade and Economic Law

526 kr

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Beskrivning

Intellectual property (IP) rights have long faced strong legitimacy criticisms. As the vaccine debates during the COVID-19 pandemic showed, IP is often seen as a problematic asset of powerful private companies and developed economies. This book addresses these criticisms by focusing on a renewed interpretation of the TRIPS - the key international treaty for IP. By combining international law analysis and political theory, this work presents the TRIPS as the structuring agreement of the international IP regime rather than treating it as a technical trade instrument. Drawing on the ideal of freedom defined as protection against domination, the book develops a legal philosophy of the TRIPS, revisiting its foundations and proposing a renewed interpretation of its key norms. This reframing highlights how the treaty can potentially provide consistency and foreseeability in a conflict-ridden global multilateral trade system where weaker trade partners are often at a disadvantage. This title is also available as open access on Cambridge Core.

Produktinformation

Utgivningsdatum:2026-08-31
Vikt:250 g
Format:Häftad
Språk:Engelska
Serie:Cambridge International Trade and Economic Law
Antal sidor:320
Förlag:Cambridge University Press
ISBN:9781009743129

Utforska kategorier

Juridik: metod och teori inom Juridik
Folkrätt inom Juridik
Internationell rätt: transport och handel inom Juridik

Mer om författaren

Johan Rochel is a lecturer at the Faculty of Law, University of Fribourg. He holds a PhD and a Habilitation in international law and legal philosophy. His work bridges international law, political theory, and digital ethics. In addition to his scientific research, he co-founded a think tank for foreign policy and advises public institutions and companies on legal and ethical issues related to innovation.

Recensioner i media

'The expansion of intellectual property rights through trade law is one of the most potent forms of globalization confronting nations. With remarkable clarity and scholarship Johan Rochel draws together philosophical and legal resources to produce an original interpretative framework for these rights. He shows how power can be checked and paths to justice opened. This is a profoundly important book.' Peter Drahos, Professor Emeritus, European University Institute

Innehållsförteckning

1. Introduction; 2. The challenges of interpreting TRIPS' foundational norms; 3. A republican-sufficientarian account of Art. 7 and 8 TRIPS; 4. The right to science and self-determination: TRIPS' foundations in light of international human rights law; 5. Revisiting the TRIPS' flexibilities; 6. The TRIPS as normative anchor for the international IP regime; Conclusion.